Overview of the Legal System
Singapore's legal system is based on English common law, but with significantly harsher penalties than the UK or US. The judiciary is independent but tends toward strict interpretation.
Key Characteristics
- Presumption of innocence: Yes, but certain offenses have reverse burden of proof
- Jury system: No. Judge-only trials.
- Death penalty: Mandatory for certain drug offenses and murder
- Corporal punishment: Caning for certain offenses (males only)
- Bail: Available for most offenses except capital crimes
Unlike the US, there are no jury trials in Singapore. A judge alone decides guilt and sentencing. This means no jury nullification and generally stricter outcomes.
Offenses That Catch Expats Off Guard
🚬 Drug Offenses
Singapore has a zero-tolerance policy on drugs. The Misuse of Drugs Act carries extreme penalties.
- Possession of any amount of controlled drugs: Up to 10 years + caning
- Trafficking thresholds: 15g heroin, 500g cannabis, 250g meth = mandatory death
- Positive drug test (even if consumed abroad): Punishable offense
📱 Outrage of Modesty
Section 354 of the Penal Code covers unwanted physical contact. Broader than US harassment laws.
- Any unwanted touching with sexual connotation
- Includes brushing against someone inappropriately
- Voyeurism and upskirt photography severely punished
💬 Sedition & Race/Religion Comments
The Sedition Act and other laws strictly regulate speech about race and religion.
- Promoting ill-will between races or religions is criminal
- Applies to social media posts
- Foreigners have been deported for offensive comments
🎨 Vandalism
The Vandalism Act carries mandatory caning. Includes graffiti and any property damage.
- Includes any unauthorized marking on property
- Famous 1994 case: American Michael Fay caned for spray-painting cars
- No exceptions for foreigners
🛂 Immigration Offenses
Overstaying and working without authorization are taken seriously.
- Overstaying: Fines, detention, deportation, future ban
- Working on wrong pass type: Criminal offense
- Overstay 90+ days: Mandatory caning (males under 50)
🏠 Public Order Offenses
Various "minor" offenses that carry real penalties.
- Littering: S$300 first offense, up to S$2,000
- Jaywalking: S$50 within 50m of crossing
- Smoking in prohibited areas: S$200-1,000
- Public intoxication: Can be detained
- Spitting: S$1,000 fine
Drug Laws: Critical Information
Singapore executes drug traffickers. Multiple executions occur each year. The US Embassy cannot stop this. Being American provides zero protection.
Trafficking Thresholds (Mandatory Death)
| Substance | Amount | Penalty |
|---|---|---|
| Heroin (diamorphine) | 15g or more | Mandatory Death |
| Cocaine | 30g or more | Mandatory Death |
| Cannabis | 500g or more | Mandatory Death |
| Methamphetamine | 250g or more | Mandatory Death |
| MDMA (Ecstasy) | 113g or more | Mandatory Death |
Important Notes
- Presumption of trafficking: Above certain amounts, you're presumed to be trafficking unless you can prove otherwise
- Marijuana: Despite legalization trends elsewhere, strictly illegal in Singapore
- CBD products: Illegal. Don't bring CBD oil.
- Drug test: If you test positive (even if consumed legally abroad), you can be prosecuted
If you consumed cannabis legally in California before flying to Singapore and test positive, you can be charged. The law applies to what's in your system, not where you consumed it.
If You're Arrested
Your Rights
- Right to remain silent: Yes, but adverse inference can be drawn
- Right to lawyer: Yes, but not immediately (within "reasonable time")
- Embassy notification: You have the right to contact the US Embassy
- Interpreter: Available if needed
What to Do
- Stay calm - Resisting arrest is a separate offense
- Identify yourself - Provide passport/ID
- Request embassy notification - Invoke this right immediately
- Don't sign anything without understanding it fully
- Request a lawyer - Insist on legal representation before statements
- Don't make statements until you have legal counsel
Adverse Inference: Unlike the US, Singapore courts can draw negative conclusions from your silence. However, speaking without a lawyer is usually worse. Request a lawyer first.
Detention Periods
- Initial detention: Up to 48 hours without charge
- Certain offenses: Can be extended with court order
- Bail: Usually available except for capital offenses
📊 Enforcement Tracker
View documented cases of foreigners facing legal issues in Singapore
View Cases →Emergency Contacts
Police
Emergency: 999
Non-Emergency: 1800-255-0000
US Embassy Singapore
Phone: +65 6476 9100
After Hours: +65 6476 9100
Address: 27 Napier Road
Law Society of Singapore
Phone: +65 6538 2500
Lawyer referral service available
Legal Aid Bureau
Phone: 1800-225-5529
For those who cannot afford lawyers
What the Embassy Can and Cannot Do
The Embassy CAN:
- Provide a list of local attorneys
- Contact family/friends on your behalf
- Visit you in jail
- Ensure you're not mistreated
- Provide information about local legal process
The Embassy CANNOT:
- Get you out of jail
- Pay legal fees or fines
- Provide legal advice
- Intervene in Singapore's legal process
- Prevent execution if sentenced to death
Being American does not provide any special protection under Singapore law. The Embassy cannot override local laws or sentences, including the death penalty.
Prevention Tips
Stay Out of Trouble
- No drugs: Zero tolerance. Don't bring any, don't use any, don't associate with users
- Respect the law: Singapore enforces laws Americans might ignore
- Watch your words: Be careful with race/religion discussions
- Maintain visa status: Don't overstay, don't work illegally
- Keep documents: Carry passport or work pass ID at all times
Resources
- Singapore Statutes Online: sso.agc.gov.sg - Full text of all laws
- US Embassy: sg.usembassy.gov - Travel advisories and assistance
- Central Narcotics Bureau: cnb.gov.sg - Drug laws information